Longshore & Harbor Workers’ Compensation Act – LHWCA

Longshore & Harbor Workers’ Compensation Act – LHWCA – provides a federal recovery scheme to a wide range of maritime workers.

The Act was passed primarily to fill a gap created by Supreme Court rulings that application of state workers’ compensation schemes to maritime employees is unconstitutional.

Thus, the statutory framework operates as a traditional workers’ compensation scheme under which employers receive immunity from tort liability in exchange for providing no-fault compensation benefits to injured workers.

Importantly, the LHWCA recognizes an exception to this general limitation on injured worker remedies, by affording a statutory cause of action on behalf of a covered worker against vessel third parties under § 905(b).

The LHWCA essentially expanded protection beyond seamen who worked aboard vessels.
LHWCA provides remedies for a broad range of maritime workers beyond seamen (essentially it is used to afford protection to land based maritime workers).  Excerpted from Jones Act, Maritime, Seaman & McDonough and from the DOL.  See also Jones Act, maintenance and cure, seaman and unseaworthiness for more on those terms.

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At the Gooch Law Firm, we pride ourselves on providing our clients reliable representation for even the most challenging cases.

If you have been injured and/or have been diagnosed with a serious disease (e.g., leukemia, kidney cancer, bladder cancer, mesothelioma) while working as a seaman, and need a Jones act and maritime lawyer to help you file a Jones Act lawsuit, contact our office at 1.800.672.4916.